AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENTInvestors’ Rights Agreement • December 30th, 2013 • Eleven Biotherapeutics, Inc. • Pharmaceutical preparations • Delaware
THIS AMENDED AND RESTATED INVESTORS’ RIGHTS AGREEMENT is made as of the 4th day of December, 2013, by and among Eleven Biotherapeutics, Inc., a Delaware corporation (the “Company”), and each of the investors listed on Schedule A hereto, each of which is referred to in this Agreement as an “Investor,” and any Additional Purchaser (as defined in the Purchase Agreement) that becomes a party to this Agreement in accordance with Section 6.9 hereof.
LICENSE AGREEMENTLicense Agreement • December 30th, 2013 • Eleven Biotherapeutics, Inc. • Pharmaceutical preparations • Massachusetts
THIS LICENSE AGREEMENT (this “Agreement”) is made effective as of July 13, 2010 (the “Effective Date”) by and between Eleven BioTherapeutics, Inc., a Delaware corporation having a place of business at 790 Memorial Drive, Suite 103, Cambridge, Massachusetts 02139 (“LICENSEE”) and The Schepens Eye Research Institute, Inc. a Massachusetts nonprofit corporation having a place of business at 20 Staniford Street, Boston, Massachusetts 02115 (“LICENSOR”).
COLLABORATION AND LICENSE AGREEMENT Between ELEVEN BIOTHERAPEUTICS, INC. and THROMBOGENICS N.V.Collaboration and License Agreement • December 30th, 2013 • Eleven Biotherapeutics, Inc. • Pharmaceutical preparations • New York
Each milestone payment set forth in this Section 6.3(a) shall be payable only once, regardless of whether the Research Collaboration results in the identification of one or more Collaboration Product(s), no later than [**] days after receipt of an invoice from EBI, after the first achievement of the applicable milestone event by a Collaboration Product by or on behalf of ThromboGenics or any of its Affiliates or licensees, or by EBI as described in Section 6.3(b), regardless of whether such event is achieved once or more, and regardless of whether it is achieved by one or multiple Collaboration Products. The maximum total amount payable under this Section 6.2(a) is Twenty-Five Million Dollars ($25,000,000).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 30th, 2013 • Eleven Biotherapeutics, Inc. • Pharmaceutical preparations • Delaware
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of May 27, 2010 (the “Effective Date”) is between SILICON VALLEY BANK, a California corporation (“Bank”), with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and ELEVEN BIOTHERAPEUTICS, INC., a Delaware corporation (“Borrower”), and provides the terms on which Bank shall lend to Borrower, and Borrower shall repay Bank. The parties agree as follows:
